In re: 45th Judicial District - Request for Emergency Judicial Order (Lackawanna County) - 32 MM 2020

• Court: Supreme Court of Pennsylvania
• Decided: August 27, 2021
• Status: Published

Opinion

IN THE SUPREME COURT OF PENNSYLVANIA MIDDLE DISTRICT

IN RE: 45TH JUDICIAL DISTRICT - : No. 32 MM 2020 REQUEST FOR EMERGENCY JUDICIAL : ORDER (LACKAWANNA COUNTY) :

ORDER

PER CURIAM

AND NOW, this 27th day of August, 2021, the Request Pursuant to Pa.R.J.A.

1952(B)(2) is DENIED, WITHOUT PREJUDICE.

The instant Request seeks permission for the President Judge of the Forty-Fifth

Judicial District to continue suspending any state or local rules that limit the use of

advanced communication technology (ACT) through December 31, 2021.

Notably, however, the Request does not sufficiently detail how the Forty-Fifth

Judicial District is presently experiencing a county-specific judicial emergency justifying

the requested relief under Rule of Judicial Administration 1952(B)(2). For instance, the

Request provides no particularized data as to how the pandemic is presently, and

adversely, affecting the Forty-Fifth Judicial District’s capacity to function normally under

the general limitations on the use of ACT. Nor does the Request identify a peculiar and

pressing concern regarding current operations at the Lackawanna County prison, such

that the continued suspension of ACT limitations would be warranted.

Respectfully, absent such detailed information, the Request fails to establish that

the Court of Common Pleas of Lackawanna County is presently experiencing a judicial

emergency that would necessitate conferring the requested authority on the President

Judge pursuant to Rule of Judicial Administration 1952(B)(2).